tv [untitled] January 26, 2014 9:30am-10:01am PST
>> you can't abstain. >> commissioner? >> let me ask the state attorney, are we able to abstain from a vote? >> do we have to speak like on the mic and stuff like that. my assessment is that both parties are in agreement that they want to withdraw, the complaint, and the specification and so that to me is pretty compelling, and on top of that we are understanding the reason, which is that he is in compliance and has been for some time, but due to the administrative delay it took a long time to get to us and that is why i voted the way that i did. >> i believe under the rules you are required to vote for or against. 2.5. >> yes. >> there is a reason for
recusal. >> by a vote. >> so i am just going to go ahead and ask, because i think that i am noticing maybe what the question might be at least from my end. so for the specifications, it looks like there are three specifications, one is about providing proof of his guard card and firearm guard and then also number two, proof of adequate automobile liability insurance and then specific identification three, failure to secure permission for the police to work a beat and those it looks like one of those three were described and is there a reason why? >> the first one, there was just a question and that ended up being insufficient evidence, and there was no evidence to support that and that did not go forward and the other one was the guard card and it was a copy, the firearms guard were never expired but providing a copy to me of the valid card and that was provided to me.
>> okay, if i might, when these commissioner charges were filed, i had actually gotten a chance to speak to officer brown after they were filed and i think that it was last wednesday night or a couple of wednesdays ago when we were present for the commission in talking to officer brown about other cases that we began to discuss the case and she stated that he was in compliance and so the thought it been should we turn it back to the chief level to see if there were further decisions. he is in compliance and certain things came in at concern times and did not come in at once but he has been working with her and that she was pleased with the progress and the fact that he was in compliance and i know that officer brown has been working hard with these special cases. >> i am sorry, but thank you for clarifying that. that helps a lot. because i heard a refusal to comply and now i am hearing that there was no refusal to
comply but working diligently. >> i think that there was difficulty in communication with the patrol specialist and brown, and at least what was described in the investigative report and so we were going the department's filing was based upon the information contained in the investigative report and following the completing of that investigation, officer brown and assistant patrol officer fitzinger were able to get on the same page and what he needed to be in compliance with. she informed me and it was literally the night that we filed and, that his case was on for assignment that we learned that he was in compliance and that there were no further issues with him. >> okay. >> so all three specifications here have been complied with and there are no issue with compliance and it just took the time to work out. >> that is correct. >> and yeah.
>> so and before we move on to the next item, just for the members of the public, with reference to the patrol, special officer barry the reason that there is concern, number one against this patrol specialist, will does provide liability insurance and commercial liability insurance and auto liability and a valid guard card and specification number two is provide information regarding the klie ant list and specification number three which is analogus to tonight and failure to respond and the duty for the mra toone that he was working in. specification of number four, and a concern of failure to appear for the range for the qualification and training for the firearm and the last specification is failure to do the mandatory training required. and so for that reason, this commission has extreme concern about the public safety because he is out there. >> thank you. >> so we are finished with line
items 3 abcd and do we have public comment regarding these items? >> >> good evening. my mame is mohamid sec and i am with the asian world caucus and thank you for the opportunity to present public comment in regards to the jttf report. i work closely with members of the arab little eastern and south asian communities to address the post 911 discrimination and harassment against them at lc and my colleagues and i help. >> and we file the complaints about the airport delays and profiling and when they are approached. and we help them when their
civic participation is threatened, they regularly visit houses of worship to provide know your rights trainings and materials to help to insure that the communities are aware of the actual rights. and as an organization and the history that harkens back to japanese concentration camps. since september 11th, members of the communities have been subjected to discrimination and hate crimes as you know over the last several years, members of those communities as well as 79 civil rights organization and bar associations, and community organizations under the leadership of the coalition for a safe san francisco, work to pass the safe san francisco ordinance which is part of the reason that we are here today. and the work to pass the ordinance centered around san francisco commitment. transparency and the accountability as well as it stands against racial profiling. the ordinance became necessary because in 2010, the chief of
police made comments that the hall of justice was in just as much danger of having the members of the afghan community blow it up as it was of an earthquake. this really damaged the relation of the community. and the very people passed with protecting our community or demonizing us and making our families targets of those who hear the comments and perceive to be threats. and after years of work the community was able to get the city to pass one of the first of its kind laws that ensures that when the sfpd works with the f.b.i. and the joint terrorism task force that they do so in the manner of consistent and the privacy protections provided by the city of san francisco. the yearly report is a component of insuring that the works and the hundreds of san franciscos are realized. the report comes a long way and we want to thank the chief for working with us and other
advocates to bring the report to the better point and however as some of the points that have been raised by my colleague and will also be raised by some who will go after me. i want to talk about or take the opportunity to ask that we analyze the report and remember that this is really about the communities in relation to the police department and we need to rebuild this trust. thank you. >> thank you. >> good evening, welcome back. >> good evening, my name is rachel roberts and i am the civil rights coordinator for the council on islamic relations and i want to thank you for the opportunity to comment on the report, and we are cautiously optimistic about the progress that has been made this year and we thank you for dialoguing with us and other organizations. and we want to remind the commission that the safe san francisco civil rights ordinance was passed after years of hard work by community
groups and including ours, and the reason why is because over the past two years, our office has helped hundreds of people as has alc among other civil rights organizations who are active in the city. and helped hundreds of american muslims among others who have been approached for voluntary questioning because of accessive airport delays and denials and delays of the immigration benefits and disproportionately the people that i have served are deeply religious and they are involved in the religious communities and active with their mosque and many of them have studied their religious with rigor over a period of years and in interviews we have seen over and over again that the religious practice is treated as suspect. and this is despite the constitutional protections that are afforded to u.s. citizens, to freely practice their religion. this is as though, being muslim is in and of itself is suspicious and this is wrong. we ask you to continue to take
the appropriate action to make the ordinance work for our communities. we need a relationship of trust with law enforcement and we really want to emphasize that that is our goal with all of this work. and it is to make sure that the relationship that has been tarnished after a very ugly era in our nation's history is as rapidly as possible, repaired. and because, the communities that we serve, require that relationship of trust as much as any other communities do. and so we hope that tonight, you will hear our critiques and that you will continue to work with us to make this ordinance a very effective tool of collaboration between the community and law enforcement. thank you. >> thank you, very much. >> good evening. honorable commissioners and chief, thank you for this opportunity to speak with you. i will start by saying, i appreciate the city's infrastructure. i called 311 just today to seek out some services for my
elderly grandmother. with that said, my concerns lie in the contradictions of this city's infrastructure, the tools that the city has at its disposal and the suspect and conduct surveillance on members of the muslim and arab communities prior to the determined criminal precedent. the suspicious behavior or national security qota that our city and many cities across the nation are expected to report or exchange for these tools and the infrainstruct stur and the safe san francisco, and we know that a lot of this is happening, and we are still not being told the details and again, i think that we should all just call 311. thanks. >> president mazzucco, and vice
president turman, and honorable commissioners and chief sir, i get you with peace, love and justice. chief, i understand that your department has a lot on your plate. theft, fraud and vandalism and of course the 49ers lost. and looking at where we are today and where we were three years ago, we can see and say constantly that we have made much progress and looking at where we are today and where we were last year we can say that we have seen much progress and we have a rare report, and but that is not saying much because last year, we did not originally have that report, because to the chief credit, hearing him communicate with her shows that we have made progress. and the progress is not all that we want. and our community, and everybody here wants the fully quality and justice. and you can't just stick a knife in a machine's back nine inches and pull it out 6 inches
and say that you are making progress, the biggest civil rights of our community and of our generation is the war on terror. quote unquote war on terror. millions of american citizens are being illegally targeted and wire taped and surveillance just because of the way that they look and pray, we have vast networks of various government agencies working together attacking these communities, recently in my own community, and or on the post, they have been an issue of hundreds of yemen american citizens having their passports taken away and one from the tender loin and one of them is a friend that i grew up with. >> and so for us, it is a very real situation. and it is a very real matter, and i understand that you have a lot on your plate, but, the people that came here tonight, and the many more that could not come, or might be afraid to come because of these policies
all have one thing and that is they want change, and they want the complete equality. and i thank you deeply for what you are doing and i hope that we can continue this conversation and i hope that you look forward to seeing a better future, thank you very much. >> good evening, commissioners. chief, and the members of the community, and thank you for the opportunity to present the public comment tonight and my name is summer and i am with the coalition for a safe san francisco and first i want to remind everyone about the amount of work that it took to get us where we are today. and that work must be met by action and leadership from san francisco. a lot has changed since the last year and since the year and a half, since the passage of the safe san francisco civil rights ordinance. and most notably edward snowden has revealed the programs that are in violation of the us laws and we know that the nsa studies the phone records for up to three hops or steps removed from any members that they believe are related to
potential terrorism suspects that is hundreds of thousands possibly millions of phone records that are analyzed each year. and president obama just announced that this will now be two steps removed that is the step in the right direction in terms of federal policy but it is still illegal and likely illegal under the u.s. constitution and most certainly under california law and the sfpd policy when the first amendment is implemented with communication or associations. the standard there is reasonable suspicious. it is not two or three steps removed from it. >> how does this report? >> we know that they use the meta data analysis to pass on the leads or individual, and they suspect are related to terrorism and they use that meta data to pass it on to the f.b.i. and we know that it has used them in the past to contact and interview the people in the community, and the people that you might have heard of at the various hearings in san francisco. there is every reason to
believe that these leaks came from the nsa and the data program that was revealed last summer, there are zero reasons to think that this relationship to nsa on the part of the f.b.i. has changed at all. >> so when the nsa sends this sort of information to the f.b.i. and does it follow up and is the personnel assigned to the jttf available to be used? why or why not? has anyone made inquiry for this. if so, was there any of this information, that was related in the report, and we did not see that. the report, did issue a reference and intelligence sharing but nothing more than that and the mere reference and intelligence sharing is not enough or sufficient in the report. we were told that they are spent about 2800 hours a year on the jttf work and we would like to know what they are doing in that time and the special events and assessment and security that does take up some time does not take up
nearly that much. the activity section also seems so describe the mission of the sfpd and the actual work of the sfpd jttf, finally, there appears to have been no special training at all on the ordinance and the unique circumstances of the sfpd or the disclosers and this is troubling considering that the recent disclosures should have sfpd asking whether or not they are following up on leads that have been generated in a constitutional imp erm issable way, thank you. >> next speaker? >> my name is dustin kaun and we work throughout the united states and throughout the bay area and i work in muslim congregations and with muslim clergy and we were from immigration to poverty issues and social justice in the community and one of the
reasons why it is difficult to organize in the muslim community is because of the level of fear that the community faces raising their voice, because of the level of infiltration that has existed and so no one is coming here tonight, accusing the san francisco police department of using the type of tactics used by the nypd, where they were actually sending officers as infiltraters throughout the new york region themselves but we know from the data that exists from the reporting that exists from the freedom of information act articles that many of which are pulitzer prize winning, that the f.b.i. is paying infiltraters upwards of 15,000 paid, and 45,000 unpaid, and that was numbers used in 2009. so i don't think that, i think that the first question
answered in this report, i think that the report is good and that it is answering questions, we don't have these types of reports being produced in san jose or in oakland and there are questions that all of the police departments in the area should be answering but i think that number one is asking the wrong question. because it is a good question, saying that are the police being used, but the larger question, should be what is the level of infiltration within the communities that are paid by the f.b.i. and the join terrorism task force may know of that they are aware of and i am sure that would probably produce more results in the number of zero that we see here, so thank you. >> thank you very much. >> any further public comment? >> welcome back. >> i am back. just a very brief comment, thanking you again, and i know that was not necessary, but it did provide the community for the constructive feedback and we will be following up in
writing to layout these concerns and memorializing them as well. >> thank you for coming forward and thank you for the chief for working with you and the good news is that we have heard a lot about progress and significant progress. and i think that is important. and i mean this commission, along with, i know, commissioner is on the human rights commission at the time when we did this and we have made great strides because none of this will be tolerated in san francisco. so thank you. >> public comment is closed. call the next line item. >> 4, discussion and possible action to approve sale of patrol special beat 69 from patrol special officer serge white to patrol special officer john fitzinger or to take other action in necessary. action. >> good evening, again, officer brown, could you brief the commission on this sale. >> the sale of 69.
both patrol special officers have provided all of the correct documentation for the sale do you want me to go through all of it or just a review. >> i thought that there were concerns and you can address the concerns, i think. >> yeah, i think that was different last time that was more about becoming a patrol special. and i think that going through briefly would help, i just because we are on tv and it would be helpful to make everyone knows but briefly. >> okay. >> but there needs to be a sale of agreement and then insurance, on so there is insurance, and now there is carry over insurance. and so, fitzinger is a liability and if he chose to have employees, he will have workman's comp insurance and to provide for his guard card and his firearms card and ten there is the check for $500 for our fees and everythings that been
provided and a beat map. and then a written description also and then a list of the current clients that are on the beat. and all of that information has been provided. >> members of the public, our patrol special officers purchase a beat where there is merchants and they are paid by the merchants for their service of maintaining additional security. and these beats are owned by a particular patrol officer and they have transferred much like a cab medallion to the next taking over, so what we have is a transfer of a beat that is actually active and alive, and it is before the commission tonight for agreement, of the transfer, and to the patrol officer fitzinger who was assistant and he was sworn in by the chief last week. and so this, and i just had a comment, and i will appreciate the work that you have done
together. and i just want to say that i will vote yes on this. and and i just want to say though, that i am aware, that the charges and they are dismissed and it seems like it is coincidental that they were complied with and then this application to be a patrol special and to be the beat and i think that i am glad that it got there and even though there may have been reused to get there to accomplish these things but i am hoping that there will not be any more violations in the future and i think that is a good example for the patrol specials that you should just comply regardless of what may come to you and what you are trying to achieve and you should follow these rules because it helps for us to maintain order. >> i just recall from last week that i think that you have been doing this for ten or eleven or
12 years, and no complaints so that was the timing in some ways is unkind for you as well, given a rather long career in having some challenges that you resolved beforehand. so, i wish you the best. >> thank you. >> great. >> actually, the sale actually started stwo years ago and for other reasons it didn't go through. so, although it seems coincidental that all of the paperwork and he was able to afford the insurance, and it is extremely expensive and so in order to afford that, that is why that is why that is two separate things. >> commissioners any further questions? >> hearing none, the public comment is now closed, do i have a motion? >> i move to accept. >> second. >> take roll call please? >> inspector?
>> president mazzucco? >> aye. >> vice president turman? >> aye. >> commissioner dejesus? >> aye. >> commissioner chan? >> aye. >> commissioner kingsley. >> aye. >> commissioner loftus? >> aye. >> the motion passes. >> thank you very much. >> good luck. >> call line item 5, discussion and possible action to recommend that the board of supervisors adopt a resolution authorizing the chief of police to retroactively accept and extend a grant in the amount of $159,469 from the governor's office of emergency services, cal oes for the anti-human trafficking task force hf, program action. >> thank you, commissioners you have this draft of the
resolution, in your packet and again, it is state grant with reference to something that we talked about. and we have, from the grants of the governor's office and i doubt that there is any objection. >> i just wanted more information about it in terms of, and we don't talk that much at the commission about the human trafficking work that the department does, there is the purpose of the grant to enforce and to expand the task force to improve and the law enforcement and all elements of the trafficking and coordinations and to insure that the comprehensive care is provided to the victims of human trafficking and i just want more of bhaps to the funding and i think that it is great to have funding. >> most of it is does through svu and a lot has to do with work and maage parlor
inspection and prostitution, and abatement, and any sort of unfair laborer, and any mode of human trafficking svu does it. and it is usually on some sort of an over time basis. >> and is it also to fund, when personal interest is the continuum care and does it also help with providing the survivor with service and connecting them to the services. >> yes, we have the advocates embedded in the unit and i myriad of resource and i wish that i had the presentation that i just did at the human trafficking awareness kick off. and i am happy to send it to you. >> okay, thank you. >> that would be helpful. >> and commissioner loftus? >> my own question is that i know that i am supportive of this and i know that we had a retroactive one last year for the two years previous and i was wondering if there was anything, if it is sort of happens this way or after the fact we have to accept it? >> if there is an issue that we have identified. >> i know that a lot of the
grant funding lags and so we actually accept the grants from the prior year. and in the following year. >> okay, great. >> thank you. >> okay. >> do i have a motion? >> move to approve. >> second. >> aye. >> all in favor. >> >> please call in line item 6. >> public comment on all items. and including public comment on both on item eight, in closed session. >> a closed matter involving the personal issues and litigation issues and personal and protected by the constitution? >> so noted. thank you, miss bryson. >> hearing none, public comment is closed. >> vote to whether to hold item 8 in closed session. >> do i have a motion? >> i move that we go into